AN ORDINANCE relating to the City Light Department; accepting deeds to lands in Skagit County, Washington, to be set aside as wildlife preserves pursuant to the terms of the Settlement Agreement Concerning Wildlife entered into by the City in connection with the relicensing of the Skagit River Hydroelectric Project.

WHEREAS, in connection with the relicensing of the Skagit River Hydroelectric Project by the Federal Energy Regulatory Commission and pursuant to Resolution 28349, City Light entered into the Settlement Agreement Concerning Wildlife, incorporating by reference the Wildlife Habitat Protection and Management Plan, (collectively, "Wildlife Agreement"), dated April 1991, with the Washington Department of Wildlife (now, Washington Department of Fish and Wildlife); U.S. Department of the Interior, National Park Service, U.S. Fish and Wildlife Service and Bureau of Indian Affairs; U.S. Department of Agriculture, U.S. Forest Service; Upper Skagit Tribe; Sauk-Suiattle Tribe; Swinomish Indian Tribal Community; and the North Cascades Conservation Council (collectively, the "Intervenors"); and

WHEREAS, the Wildlife Agreement outlines a land acquisition program that sets forth principles and procedures for selecting land to be acquired, an initial list of specific properties to be acquired and an initial list of substitute properties, and also creates a "land acquisition group" made up of representatives of the City and the Intervenors that has responsibility for land selection decisions; and

WHEREAS, the land acquisition group has selected parcels of land in Skagit County, Washington and directed the purchase thereof; and

WHEREAS, pursuant to Ordinance 118226 and the Wildlife Agreement, City Light has completed the purchase of four parcels of land, totaling approximately 310 acres, consistent with the budget and selection criteria established in the Wildlife Agreement; and

WHEREAS, the above-described real property transactions require acceptance of deeds by City ordinance; Now, Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. That the Statutory Warranty Deed executed by Gale Gilbertson and Kathy Gilbertson, husband and wife, on September 9, 1997 as Grantors, recorded under Skagit County Recording Number 9710060097, conveying approximately 5 acres in the Skagit River basin, is hereby accepted and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 2. That the Statutory Warranty Deed executed by Leona Emma Bolle, who acquired title as Leona Barta, as to an undivided 1/5 interest; Josephine Barta, as to an undivided 1/5 interest; Franklin Barta, as to an undivided 1/5 interest; Arneta T. Barta, Personal Representative for the estate of Howard J. Barta, deceased under County Cause No. #97-4-01397-3, King County, as to an undivided 1/5 interest; Linda Augustine, as to an undivided 1/20 interest; Michael Augustine, as to an undivided 1/20 interest; Susan Augustine Helm, as to an undivided 1/20 interest; and Thomas Augustine, as to an undivided 1/20 interest, on September 29, 1997, as Grantors, recorded under Skagit County Recording Number 9710220003, conveying approximately 120 acres located in the Skagit River basin, is hereby accepted and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 3. That the Statutory Warranty Deed executed by James B. Carstens and Frances J. Carstens, husband and wife, on November 10, 1997, as Grantors, recorded under Skagit County Recording Number 9711100126, conveying approximately 150 acres located in the Skagit basin, is hereby accepted and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 4. That the Statutory Warranty Deed executed by Albert P. Klein and Jean Klein, his wife and only wife since date of acquiring title; Clifford R. Mulberg, as his separate estate; Duane M. Penning, as his separate estate; Richard E. Ferrell and Ruth D. Ferrell, his wife and only wife since date of acquiring title; and Donald S. Gerard and M. Arlene Gerard, his wife and only wife since date of acquiring title, dba Bestland Associates, as Grantors, recorded under Skagit County Recording Number 9712300028, conveying approximately 35 acres located in the Skagit River basin, is hereby accepted and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 5. Any act pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ______ day of ______________, 19__, and signed by me in open session in authentication of its passage this ______ day of _____________, 19__.

President Donaldson of the City Council

Approved by me this ______ day of ______________, 19__.

Mayor Paul Schell

Filed by me this ______ day of _______________, 19__.

City Clerk (Seal)

SEH:seh

February 12, 1998

WLAccept.doc

(Ver. 1)

Page 1